Justice John Tsoho of the Federal High Court in Abuja on Friday struck out the bail application by former Chief of Defence Staff, CDS, Alex Badeh.
Ruling on the bail application, Justice Tsoho held that he would not give an order for the release of Badeh who has been in custody of the Economic and Financial Crimes Commission, EFCC, since there was a subsisting remand order by a Magistrate Court which has not been set aside.
Justice Tsoho held that the former CDS only filed an application for bail, and not an application to set aside the order of the Magistrate Court which the anti-graft agency obtained to keep him in custody.
Badeh is currently facing a 10-count charge of criminal breach of trust and corruption to the tune N3.9bn which the EFCC linked to the alleged $2.1bn arms deal scandal, and has since February 8 been in custody of the agency.
Earlier, Counsel to Badeh, Samuel Zibiri, filed an application in pursuant to sections 35 (4) and 36 (5) of the 1999 constitution, seeking that his client be granted bail on self-recognition or on liberal terms pending his arraignment by the EFCC.
He premised the application on the fact that his client had voluntarily honoured EFCC’s invitation on February 8.
The defence counsel argued that Badeh has being held in detention for more than the stipulated period required by the constitution without trial.
Zibiri informed the court that the offence for which the defendant was being held was bailable, adding that Badeh will not jump bail or escape justice when granted bail.
“The applicant was originally invited and interrogated in the Abuja office of the commission but was later moved to Lagos for further interrogation.
“Just as the court in Lagos admitted him on bail with stringent measures few days ago, the EFCC approach a magistrate court for detention warrant,” Zubiri said.
Opposing the application, EFCC’s counsel, Cosmos Ugwu urged the court to allow the commission complete its investigation.
He contended that the Badeh’s current detention in Lagos was not related to the earlier issues that led to his invitation and subsequent detention in Abuja.
After listening to arguments of both counsels, Justice Tsoho struck out the application for bail.